"PROPOSED INTERIOR OF CITIBANK N.A"
SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS PROPOSED OFFICE INTERIOR AND ALLIED WORK FOR UCO BANK AT, MIRA ROAD. INTERIOR, CIVIL FINISHES, POP RENDERING AND CEILING WORK, FIXED FURNITURE , AND MISCELLANEOUS WORK TENDER NOTICE 01. Sealed tenders are hereby invited on behalf of UCO BANK fo r the interior work of their proposed BRANCH at MIRA ROAD. 02. The work is to be completed within 3 w eek’s time from the date of issue of works order. 03. Tender documents and set of drawings consisting of complete specification, schedule of quantities and the set of conditions of contract to be complied with, shall be obtained on non refun dable Tender f ees payment [by Cheque or Cash payable to SKETCHES] of Rs. 1,000/- [Rupees One Thousand only] towards the cost of the tender from the office of SKETCHES - The Design Workshop, ‘Malhar ’, Plot No.26, Scheme No.6, Lane No.1, Opp. Sion Fort Garden, Sion (E), Mumbai -22. 04. The tender should be placed in a sealed cover subscribed with the name of the proj ect and delivered in the Office of UCO Bank, Regional Office,Mafatlal Centre, 2 n d Floor, Nariman Point, Mumbai 21 bef ore 3.00 PM on 4 t h March,2010. 05. Tender documents as well as the drawings shall be returned to this office on or before the last date of submission even if the contractor does not wish to quot e for the proj ect. 06. The tenderers shall, at the time of handing in his Tender, deposit with the Designer an earnest money deposit of Rs.10,000/- by way of a demand draft in favour of UCO Bank, Mumbai [in a separate envelope], as a guarantee of good fai th for the proper execution of the work, and which shall not bear any interest. This amount shall be forfeited in the event of any evasion, refusal or delay on the part of the contractor to sign and execute the contract, in case his tender is accepted. The earnest money deposit will be returned to the contractor on non -acceptance of the tender without any interest there on. 07. The Employer / Designer reserve their right to accept or rej ect any or all the tenders in part or full without assigning any reaso n therefor. 08. Any tender which does not fulfil any of the prescribed conditions may be rej ected without assigning any reason for the same. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 09. This notice shall form part of the contract. For SKETCHES – The Design Workshop. Ar. Ketan Tamhane . (Partner) SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS ITEM RATE TENDER FOR INTERIOR WORKS LETTER OF UNDERTAKING To, SKETCHES – The Design Workshop. Architects , Planners & Interior Designers, ‘Malhar ’ Plot no. 26, scheme no. 6 , Lane no. 1 Sion (E). Mumbai – 400 022. Dear Sir ’s, Having examined the instruction for Tenders. General Conditions of Contract, Special Conditions of the contract, bills of quantities and drawings for the finishing work specified in the under written memorandum, and having visited and inspected the site of the works, we the undersigned, offer to construct, complete and maintain the whole of the said works in conformity with the said general conditions of contract, special conditions of contract, specification, bills of quanti ties and drawings. MEMORANDUM a. General Description : Total Interior work including Interior civil finishes, POP rendering, ceiling, fixed furniture and Miscellaneous works. For the proposed MIRA ROAD Branch – UCO BANK. b. Earnest Money : Rs. 10,000/- by Demand Draft [payable in Mumbai]. c. Time allowed for works : 3 w eeks (including monsoon periods , Sundays and holidays) from the date of LOI. The period mentioned above m ay be changed after detailed time schedule is worked out. d. Period for commencement from : 3 days The date of LOI e. Amount of liquidated damages : 0.5% per day of delay or part thereof. Max. up to 5% of the contract amount at the designer ’s discretion. f. Period of maintenance : 06 months after completion of works. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS g. Retention percentage : 08% For Period of 6 months after completion of work. h. Electricity charges : Electricity will be supplied free of charge at one specific point by the owner. i. Payment : Payment against interim bills – 15 days (after clearance from site). Payment against final bill – 60 days (after final handover). NOTE: 1. Advance up to 20 % shall be paid to the contractor on furnishing an acceptable bank guarantee for similar sum. 2. We understand that if our tender is accepted the priced bill of quantities will constitute part of the contract only in respect of the description of work and rates contained therein. 3. We undertake, if our tender is accepted, to commence the works or the part thereof, which constitutes the subj ect of our tender within the period stated in the memorandum. 4. We undertake, if our tender is accepted, to complete the whole of the works or the part thereof which constitute the subj ect of our tender within the period stated in the memorandum. 5. We agree to abide by this tender for a period of 60 days from the date fixed for receiving of the same and it shall remain binding on us and may be accepted at any time before the expiration of that period or any additional period agreed by us in writing. 6. Unless and until a formal agreement is prepared and executed, this tender together with the Employer's wri tten acceptance thereof, subj ect to our tender being accepted within the aforesaid 60 days period or extended period agreed by us in writing shall constitute a binding contract between us and shall be deemed for all purposes to be the contract agreements. 7. We agree that the sum of earnest money, in the form of demand draft submitted herewith, shall be forfeited to the Employer without prej udice to any other rights or remedies of the employer should we withdraw our tender during the period of validity sta ted in clause 5 hereof or if our tender is accepted should we fail to commence the works within the period stipulated in our tender. 8. We agree that you are not bound to accept the lowest or any of the tenders that you may receive or to assign any reason s for such rej ection. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS Signature .................................................... Date ………......……….... In the capacity of ............................................................................... Duly authorised to sign tenders for a nd behalf of .......…......................…. ..........................................….......................................................... Registered address / Tel nos. of firm .......................................................... ......... ............................................................................................................... Signatur e o f Witness .................................................…............................. Ad d r ess o f Witne ss .................................................................................... SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS GENERAL CONDITIONS OF CONTRACT 1.0 DEFINITIONS. 1.1 In the contract (as hereinbefore defined) the f ollowing words and expressions shall have the meanings hereby assigned to them except where the contract otherwise requires: a. "Employer" means UCO BANK who has called for tenders to build or construct, erect or deliver the works and who will employ th e contractor and the legal successors in title to the Employer. b. "Employer's Representative " means person or persons, firm or company appointed from time to time by the Employer to act as his representative for purpose of the contract and notified in writing to the contractors and includes changes in their appointment made by the Employer and so notified. c. "Designer" means SKETCHES – The Design Workshop. [STDW ], interior design consultants appointed by the Employer and notified in writing to the co ntractor to act as designer for purpose of the contract and includes any changes in appointment made by Employer and so notified. d. "Designer's Representative " means any resident designer or assistants of the designer or any clerk-of-works appointed fro m time-to-time by the employer or the designer to perform the duties set forth in clause 2 hereof whose authority shall be notified in writing to the contractor by the designer. e. "Contractor" means the person, firm or company whose tender has been accepted by the employer and includes contractor's personal representative, successor and permitted assignee approved in writing by the employer. f. "Works" means the work to be executed in accordance with the contract. g. "Contract" means conditions of co ntract, specifications, drawings, priced bill of quantities, schedule of rates and prices (if any), tender and the contract agreement. h. "Contract price " means the sum named in the tender subj ect to such additions thereto or deductions there from as may be made under the provisions hereinafter contained. i. "Temporary w orks ” means all temporary works of every kind required in or about the execution, completion or maintenance of the works. j . "Draw ings" means the drawings referred to in the specifications and any modification of such drawings approved in writing by the designer and SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS such other drawings as may from time to time be furnished or approved in writing by the designer. k. "Site" means the lands/ premises and other places - on, under, in or through which the works are to be executed or carried out and any other lands or places provided by the employer for the purpose of the contract together with such other places as may be specifically designated in the contract as forming part of the site. l. "Approved" means approved in writing including subsequent written confirmation of previous verbal approval and Approval means approval -in writing including as aforesaid. m. "Week" and " Month” means calendar week and month respectively according to the Gr egorian calendar. n. "Maintenance Period " as defined in clause 34 shall include the period of defects liability. 1.2 Words importing the singular only also include the plural and vice versa where the context requires. 1.3 The marginal heading or notes in these general conditions shall not be deemed to be part thereof or taken into consideration in the interpretation or construction thereof or of the contract. 2.0 DUTIES AND POWERS OF THE DESIGNER'S REPRESENTATIVE. 2.1 The duties of the designer's representative are to watch and supervise the works and to test and examine any materials to be used or workmanship employed in connection with the works. He shall have no authority to relieve the contractors of any of his duties or obligations neither under the contract nor, except as expressly provided hereunder or elsewhere in the contract, to order any work involving delay or any extra payment by the employer or to make any variation of or in the works. 2.2 The designer may from time to time in writing delegate to the designer's representative any of the powers and authorities vested in the Designer and shall furnish to the Contractor a copy of all such written delegations of power and authorities. Any written instruction or appr oval given by the Designer's Representative to the Contractor within the terms of such delegation (but not otherwise) shall bind the Contractor. Provided always as follows: a. Failure of the designer's representative to disapprove any work or mater ial shall not prej udice the power of the designer there -after to disapprove such work or material and to order the pulling down removal or breaking up thereof. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS b. If the contractor shall be dissatisfied by reason of any decision of the designer's represen tative, he shall be entitled to refer the matter to the designer who shall thereupon confirm, reverse or very such decision. 3.0 ASSIGNMENT. 3.1 The contractor, save and except with the prior written approval in writing of the employer, shall not undertake any work of any nature not assigned and/or not mentioned in the tender. While applying for the permission of the employer, for executing such work, the contractor shall state the nature of the work and probable expenditure therefore. After the e mployer has accorded his consent in writing for execution of such work and incurring expenditure therefore; then only the contractor shall undertake such work and not otherwise howsoever. 4.0 SUB-LETTING. 4.1 The contractor shall not s ub-let the whole of the works. Except where otherwise provided by the contract, the contractor shall not sub -let any part of the works, without prior written consent of the employer (which shall not be unreasonably withheld) and such consent if given shall not relieve the contractor from any liability or obligation under the contract and he shall be responsible for acts, defaults and neglects of any sub - contractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of th e contractors, his agents, servants or workmen. Provided always that the provision of labour on a piece work basis shall not be deemed to be sub -letting under this clause to require consent as aforesaid nor shall such provision reduce or relieve the contractor of any of his obligations or liabilities under the contract in any way. 5.0 EXTENT OF CONTRACT 5.1 The contract comprises the construction, completion and maintenance of the works and the provision of all labour, services, supervisi on, materials, plant and machinery, temporary works and everything whether of temporary or permanent nature required in or proper for such construction, completion and maintenance and specified or implied in or to be inferred from the contract. CONTRACT DOCUMENTS 6.0 LANGUAGE 6.1 The contract is to be construed and interpreted in the English language which language is herein designated the "Ruling Language" 7.0 CUSTODY OF DRAWINGS. 7.1 The drawings shall remain in the sole custody of the designer but two copies thereof shall be furnished to the contractor free of cost. The SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS contractor shall apply to the designer for any further prints required by him and such other prints will be charged to the contractor at t he rate of Rs. 50.00 per print. The contractor shall give adequate notice in writing to the designer or the designer's representative of any further drawing / detail that may be required for the execution of the work under the contract. Such notice shall s tate the reason why the drawing is required and the date at which the further information will be required to avoid delay to the works. 7.2 One copy of the drawings furnished to the contractors as aforesaid shall be kept by the contractors at the site and the same shall, at all reasonable times, be available for inspection and use by the designer and or designer ’s representative and by any other person authorised by the designer. 8.0 SPECIFICATION, DRAWINGS AND INSPECTIONS. 8.1 The work shall confirm to the contract specifications issued with these tender documents. For any item not covered by these specifications, such work shall be carried out in accordance with the relevant Indian Standard specification, and in the event of t here being no specification in the above reference, then in such case, the work shall be carried out in all respects in accordance with the instruction and requirements as directed by the designer from time to time. 8.2 The work shall conform to the drawings as listed in the attached schedule, and to such other drawings relating thereto as may be furnished from time to time during construction, by the designer in explanation of details or modification, including such modification as the designer m ay consider necessary to meet conditions found during the execution of works. If the work shown on such further drawings or details or other work necessary to comply with such instruction, directions or explanations, were in the opinion of the contractor o f a nature that the schedule rate in the contract does not legitimately cover, he shall, before proceeding with such work, give notice in writing to this effect to the designer. 8.3 Complete set of drawings necessary to the extent of working out the rates are issued along with the tender. Further drawings and details shall be supplied to the contractor as and when work proceeds. Consistent with the time schedule, the contractor shall programme and phase the works and get them duly approved by the designer. The contractor shall intimate in writing to the designer at least 8 days in advance, his requirements of any drawing or working details. Such of these drawings as are deemed necessary in the opinion of the designer for the smooth progress of the work shall be issued to the contractor within a fortnight from the date of receipt of contractor's demand in his office. However, any delay in issue of the drawings or details for any reason whatsoever shall neither relieve the contractor of his responsibi lity to execute any portion of the work, nor entitle him for any compensation on any ground. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 8.4 The drawings furnished to the contractor for this work shall be interpreted by the use of given dimension and nomenclature only. The drawings shall not be scaled. Drawings to a larger scale shall have precedence over those to a smaller scale. 8.5 Prior to the execution of the work, the contractor shall check all drawings, specifications and shall immediately report all errors; discrepancies a nd or omissions discovered therein to the designer and obtain appropriate orders on the same. Any adj ustment made by the contractor without prior approval of the designer shall be at his own risk. 8.6 Description of items in the schedule of quant ities is brief and therefore shall be read in conj unction with the relevant drawings and specifications and the contractor's rate shall be deemed to be for such complete work unless otherwise specified by the contractor while tendering. 8.7 Cost of all shop drawings, fabrication drawings or formwork drawings and details to be furnished by the contractor shall be deemed to be included in his tendered rates for the work. Approval of shop drawings shall not be construed as authorising additional work or increased costs to the employer. Adj ustment in the tender rates or any extension of time to cover required changes in the shop drawings to comply with the requirements of the contract specification shall not be allowed. 8.8 The approval of th e shop drawings by the designer shall not be construed as a complete dimensional check, but will indicate only that the general method of construction and detailing is satisfactory. Approval of such drawings will not relieve the contractor of the responsib ility for any errors or compliance with the requirements of the contract plans and specifications, nor any discrepancy between shop drawings and contract plans and specifications constitute a basis for deviation from the requirements of the contract plans and specification. The contractor shall be responsible for the dimension and design of adequate connection, supports, details and satisfactory construction of the work. Any fabrication, erection, setting or other work done in advance of receipt of the approved shop drawings shall be entirely at the contractor's risk. GENERAL OBLIGATIONS 9.0 CONTRACT AGREEMENT. 9.1 The contractor when called upon to do so enter into and execute a contract agreement to be prepared at the cost of contrac tor in the form set out in appendix "A" to these conditions with such modifications as may be necessary. 10.0 PERFORMANCE GUARANTEE. 10.1 Performance guarantee shall be furnished by the contractor according to the attached form for the amount stipulated in the contract. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 11.0 INSPECTION OF SITE 11.1 The contractor shall inspect and examine the site and it's surroundings and shall be deemed to have satisfied himself before submitting his tender as to the nature of the grou nd and the hydrological, climatic and physical conditions as related to the site, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labour, water, electric power, the quantities and nature of the work and materials necessary for the completion of the works, the means of access to the site and the accommodation he may require, local religious customs and events as shall effect the execution of the works and in genera l shall himself obtain all necessary information as to risk, contingencies and other circumstances which may influence or affect his tender. 12.0 PROGRAM TO BE FURNISHED. 12.1 The contractor shall prepare a detailed construction programm e in bar chart form or other form approved by the designer showing the order of procedure and method that he proposes to carry out the works. Such programme shall comply with preliminary time schedule included with this tender and shall be submitted to the designer for approval within eight days from the notice of acceptance of his tender sent to the contractor. The submission to and approval by the designer of such programme shall not relieve the contractor of any of his duties and responsibilities under the contract. 12.2 After the submission of sequence and work programme to the designer for his approval, the contractor shall adhere to the sequence of operations stated therein unless he obtains the written permission of the designer to vary such sequence. 12.3 The contractor shall provide the designer with adequate information to enable actual progress of construction to be directly monitored against the periods allocated in the programme. 12.4 Time shall be the essence of the co ntract. The rate of progress of the whole work as well as for all the important individual items of work shall not be slower than as laid down in the approved construction programme. If at any time the contractors performance of the contract falls behind programme or it becomes clear that it will so fall behind, then the contractor shall notify the designer of the corrective measures which he proposes to take and shall adopt such corrective measures or alternative which may be agreed by the designer. 12.5 Subsequent to approval of his construction programme the contractor shall prepare and submit to the designer within a further period of eight days a budgetary programme showing the anticipated gross value of work to be done each month in respect of each section of the works. Such budgetary programme shall be based on the approved construction programme and SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS shall be prepared in such a form as shall be approved by the designer. The aforesaid budgetary programme will be used solely for budgetary contro l purpose and will not form part of contract. 13.0 CONTRACTOR'S SUPERINTENDENCE 13.1 The contractor shall give or provide all necessary superintendence during the execution of the works and as long thereafter as the designer may consider necessary for the proper fulfilling of the contractor ’s obligations under the contract. The contractor or a competent and authorised agent or representative approved of in writing by the designer (which approval may at any time be withdrawn) is to be con stantly on the works and shall give his whole time to the superintendence of the same. The agent shall be fluent in Hindi, Marathi and English languages. No change shall be made in the appointment of the agent without the prior written consent of the designer. If approval of the agent shall be withdrawn by the designer the contractor shall as soon as is practicable (having regard to the requirement of replacing him as hereinafter mentioned) after receiving written notice of such withdrawal remove the agent from the site, and shall not thereafter employ him again on the site in any capacity and shall replace him by another agent approved by the designer. Such authorised agent or representative shall receive on behalf of the contractor directions and instructions from the designer or (subj ect to the limitations of clause 2 hereof) the designer's representative. 14.0 CONTRACTOR'S EMPLOYEES. 14.1 The Designer shall be at liberty to obj ect to and require the Contractor to remove forthwith from the works any person employed by the Contractor in or about the execution or maintenance of the works who in the opinion of the Designer misconduct s himself or is incompetent in the proper performance of his duties or whose employment is otherwise considered by the Designer to be undesirable and such person shall not be again employed upon the Works without the written permission of the Designer. Any person so removed from the works shall be replaced as soon as possible by a competent substitute approved by the Desi gner. 15.0 SETTING OUT 15.1 The Contractor shall be responsible for the true and proper setting out of the Works in relation to original points, lines and levels of reference given by the Designer in writing and for the correctness (sub j ect as above mentioned) of the position, levels, dimensions and alignment of all parts of the works and for the provision of all necessary instruments, appliances and labour in connection therewith. If at any time during the progress of the works any err or shall appear or arise in the position, levels, dimensions or alignment or any part of the works the contractor, on being required so to do by the Designer or Designer's Representative shall at his own expense rectify such error to the satisfaction of th e Designer or Designer's Representative unless such error is based on incorrect data supplied in writing by the Designer or the Designer's Representative in SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS which case the expenses of rectifying the same shall be born by the Employer. The checking of any setting-out or of any line or level by the Designer or the Designer's Representative shall not in any way relieve the Contractor of his responsibility for the correctness thereof and the Contractor shall carefully protect and preserve all benchmarks, sigh t-rails, pegs and other things used in setting out the works. The Contractor shall provide all labour, materials and apparatus required by the Designer or Designer's Representative to check the setting out of any line or level. 16.0 WATCHING AND LIGHTING 16.1 The Contractor shall in connection with the works provide and maintain at his own cost all lights, guards, fencing and watching when and where necessary or required by the Designer or Designer's representative or by any duly constituted authority for the protection of the Works and for the safety and convenience of the public or others. 17.0 INSURANCE OF WORKS ETC. 17.1 Without limiting his obligations and responsibilities the Contractor shall insure in the j oint names the Employer and the Contractor against all loss or damage from whatever cause arising (other than the excepted risks) for which he is responsible under the terms of the Contract and in such manner that the Employer and the Contractor are cover ed during the Period of Maintenance for loss or damage arising from a cause occurring prior to the commencement of the Period of Maintenance and for any loss or damage, occasioned by the Contractor in the course of any operations carried out by him for the purpose of complying with his obligations under Clause 35 hereof: a. The works and the Temporary works to the full value of such works executed from time to time. b. The materials, constructional plant and other things brought on to the site by the Contractor to the full value of such materials, constructional plant and other things. Such insurance shall be affected with an insurer and in terms approved by the Employer (which approval shall not be unreasonably withheld) and the Contractor s hall deposit insurance policy or policies and receipt of payments of the premium with the Employer. 18.0 DAMAGE TO PERSONS AND TO PROPERTY 18.1 The Contractor shall indemnify and keep indemnified the Employer and the Designer against all loses a nd claims for inj uries or damage to any person or any property whatsoever which may arise out of or in consequence of the construction and maintenance of the works and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation thereto. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 19.0 THIRD PARTY INSURANCE 19.1 Before commencing the execution of the works the Contractor (but without limiting his obligations and responsibilities under Clause 18 hereof) shall insure against any d amage, loss or inj ury which may occur to any property (including that of the Employer) or to any person (including any employee of the Employer) by or arising out of the Execution of the Works or Temporary works or in the carrying out of the Contract or ot herwise, however, due to any reason, irrespective of the fact whether Contractor, sub-contractor and or Employer, employees etc., may have been negligent. 20.0 ACCIDENT OR INJURY TO WORKMEN. 20.1 The Employer shall not be liable for or i n respect of any damages or compensation payable at law in respect or inconsequent of any accident or inj ury resulting to any workmen or other person in the employment of the Contractor and Contractor shall indemnify the Employer against all claims, demands, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 21.0 SUPPLY OF PLANT, MATERIALS AND LABOUR 21.1 Expect where otherwise specified the Contractor shall at his own expenses supply and provide all th e Constructional Plant, Temporary Works, materials both for temporary and for permanent works, labour (including the supervision thereof) transport to or from the site and in and about the works and other things of every kind required for the construction completion and maintenance of the works. 22.0 CLEARANCE OF SITE. 22.1 The Contractor shall at all times keep the whole of the Site in a clean tidy and safe condition by arranging his materials in an orderly fashion. Care shall be taken n ot to discharge material so as to interfere with the progress of the works. All rubbish, waste materials, surplus soil and debris shall be cleared regularly from the Site and disposed off in a manner approved by the Designer. 22.2 On the completi on of the works the Contractor shall clear away and remove from the Site all constructional Plant, surplus materials, rubbish and Temporary Works of every kind and leave the whole of the Site and Works clean and in a workman like condition to the entire sa tisfaction of the Designer. 23.0 SUPPLY OF WATER 23.1 Water will be supplied at free of cost by employer. At one point on the Site for the use of Co ntractors staff and work people. MATERIALS AND WORKMANSHIP SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 24.0 QUALITY OF MATERIALS AND WORKMANSHIP AND TESTS 24.1 All materials and workmanship shall be of the respective kinds described in the Contract and in accordance with the Designer's instructions and shall be subj ect from time to time such tests as the Designer may direct at the place of manufacture or fabrication or on the Site or at all or any of such places. The Contractor shall provide such assistance, instruments, machines, labour and materials as are normally required for examining, measuring and testing any work and the quality, weight or quantity of any material used and shall supply samples of materials before incorporating in the Works for testing as may be selected and required by the Designer. 25.0 ACCESS TO SITE 25.1 The employer, the Designer and any person authorised by them shall at all times have access to the Works and to the Site and to all workshops and places where work is being prepared or where materials, manufactured articles or machinery are being obtained for the works and the Contractor shall afford every facility for the assistance in obtaining the right to such access. 26.0 EXAMINATION OF WORK BEFORE COVERING UP. 26.1 No work shall be covered up or put out of view without the approval of the Designer or Designer's Representative and the Contractor shall afford full opportunity for the Designer or the Designer's Representative to examine and measure the work which is about to be covered up or put out of view and to examine foundation be fore permanent work is placed thereon. The Contractor shall give due notice to the Designer's Representative whenever any such work or foundation is or are ready or about to be ready for examination and the Designer's Representative shall without unreasonable delay unless he considers it unnecessary and advises the Contractor accordingly attend for the purpose of examining and measuring such work or of examining such foundations. 26.2 Notwithstanding the provisions of sub -clauses 26.1 of this Clau se the Contractor shall uncover any part or parts of the Works or make openings in or through the works as the Designer may from time to time direct and shall reinstate and make good such part or parts to the satisfaction of the Designer. Whether or not a fter compliance with the requirements of this sub-clause such part or parts of the works are found to have been executed in accordance with the Contract the expenses of uncovering, making openings in or through reinstating and making good the same shall be borne by the Contractor. 27.0 REMOVAL OF IMPROPER WORK AND MATERIALS 27.1 The Designer shall, during the progress of the works, have power to order in writing from time to time. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS a. The removal from the Site, within such time or times as may by specified in the order, of any materials which in the opinion of the Designer are not in accordance with the Contract. b. The substitution by proper and suitable materials and c. The removal and proper re -execution (notwithstanding any previous test thereof or interim payment therefore) of any work which in respect of materials or workmanship is not in the opinion of the Designer in accordance with the Contract. 27.2 In case of default on the part of the Contractor in carrying out such order the Employer shall be entitled to employ and pay other persons to carry out the same and all expenses conseque nt thereon or incidental thereto shall be borne by the Contractor and shall be recoverable from him by the Employer or may be deducted by the Employer from any moneys due or which may become due to the Contractor. 28.0 POSSESSION OF SITE 28.1 Save in so far as the Contract may prescribe the extent of portions of the Site of which the Contractor is to be given possession from time to time and the order in which such portions shall be made available to him and subj ect to any requirement in the Contract as to the order in which the work shall be executed the Employer with the Designer's written order to commence the Works give to the Contractor possession of so much of the Site as may be required to enable the Contractor to commence and proce ed with the construction of the works in accordance with the programme referred to in Clause 12 hereof and will from time to time as the works proceed give to the Contractor possession of such further portions of the site as may be required to enable the c ontractor to proceed with the construction of the works with due despatch in accordance with the said programme. 29.0 EXTENSION OF TIME FOR COMPLETION. 29.1 Should the amount of extra or additional work of any kind be such as fairly to entitle the Contractor to an extension of time for the completion of the work the Designer should determine the amount of such extension. Provided that the Designer is not bound to take into account any extra or additional work or other special circumstance s unless the Contractor has within 28 days after such work has been commenced or such circumstances have arisen delivered to the Designer's Representative full and detailed particulars of any claim to extension of time to which he may consider himself enti tled in order that such claim may be investigated at the time. 30.0 RATE OF PROGRESS. 30.1 Sequence of work. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS The Contractor shall execute the work as per the sequence given by the Designer from time to time so that all the other item s of work to be executed by other agencies are completed progressively along with the main work. 31.0 SUSPENSION OF WORKS. 31.1 The Contractor shall on the written order of the Employer suspend the progress of the works or any part there of for such time or times and in such manner as the Employer may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Designer. The extra cost of all running wages to be paid to labour on the Site incurred by the Contractor in giving effect to the Designer's Instructions under this Clause shall be borne and paid by the Employer unless such suspension is a. Otherwise provided for in the Contract or b. Necessary for the proper execution of the work or by reason of weather conditions affecting the safety or quality of the works or by some default on the part of the Contractor. c. Necessary for the safety of the works or any p art thereof. Provided that the Contractor shall not be entitled to recover any such extra cost unless he gives notice in writing of his intention to claim to the Designer within 28 days of the Designer's order. The Desig ner shall settle and determine such extra payment to be made to the Contractor in respect of such claim as shall in the opinion of the Designer be fair and reasonable. d. The Employer shall be entitled to terminate and / or suspend this agreement after giving 30 days prior written notice to the Designers and the Contractor without assigning any reason whatsoever and in such event the Contractor shall do the followi ng within the said period of 30 days from the receipt of such notice. (i) Remove himself, his servants, agents, workers, labourers, sub - contractors and/or any other representatives from the site; (ii) Hand over to the emplo yer or to any person or persons as the Employer may direct all the construction materials of whatever nature in good and proper condition; (iii) Inform the Employer and the Designer about special maintenance of any of the items of the construction work, which may require immediate attention. (iv) Give to the Employer and the Designer a list of the materials lying at the Site, details of any contract for the purpose of the materials and any other information withholding of which shall have prej udicial effect to the interest of the Employer; SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS (v) Prepare complete account of the construction work done, materials purchased and ordered and submit the same to the Employer and the Designer. (vi) Allow any other contractor and/or agents, workmen, representatives , labourers or any other person authorised by the Employer to enter upon the site and to do and/or carry out any further construction work but in such event for the further construction work the Contractor shall not be liable. e. In the event of the contractor failing to remove himself, his workmen, agents representatives or any other person or persons including Sub - Contractor (if any) from the site within the period stipulated hereinabove, the Contractor s hall be bound and liable to pay to the employer a sum of Rs. 10,000.00 per day till the breach continues SUBJECT HOWEVER this clause shall not entitle in any event the contractor, his agents, workman, labourers, Sub -Contractor, or any other persons or persons to remain on the place of the site after the expiring of the above referred to stipulated period of 30 days. 32.0 LIQUIDATED DAMAGES FOR DELAY. 32.1 If the Contractor shall fail to complete the works or any specified part thereof within the time prescribed taking into account any approved extension of such time, then the Contractor shall pay to t he Employer the sum stated in the Tender as liquidated damages for such default and not as a penalty for every day which shall elapse between the time prescribed or approved extended time as the case may be and the date of completion of the Works. The Empl oyer may without prej udice to any other method of recovery deduct the amount of such damages from any moneys in his hands due or which may become due to the Contractor. The payment or deduction of such damages shall not relive the Contractor from his obligation to complete the Works or any specified part thereof or from any other of his obligations and liabilities under the Contract. 33.0 CERTIFICATE OF COMPLETION OF WORKS. 33.1 As soon as the works shall have been actually completed and shall h ave satisfactorily passed any final test that may be prescribed, by the contract , the Designer shall issue a certificate of completion in respect of the works and the period of maintenance shall commence from the date of such certificate. If in the opi nion of the Designer the works shall have been substantially completed and shall have satisfactorily passed any final test prescribed by the contract, the Designer may on receiving a written undertaking from the Contractor, that the Contractor shall finish any outstanding work by agreed dates during the period of maintenance issue a certificate of completion in respect of the works and the period of maintenance of the works shall commence from the date of certificate. Provided that the Designer may give su ch certificate with respect to any substantial part of the works has been completed to the satisfaction of the Designer and occupied or used by the Employer and when any such SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS certificate is given in respect of part of works, such part shall be considered a s completed and the period of maintenance of such part shall commence from the date of such certificate. Provided also that a certificate of completion given in accordance with foregoing provisions of any part of the works occupied and used as aforesaid s hall not be deemed to certify completion of any ground or surface requiring reinstatement unless such certificate shall expressly so state. 34.0 MAINTENANCE AND DEFECTS 34.1 Except as may be otherwise provided in the specification the ex pression "Period of Maintenance" in these Conditions shall mean the period of maintenance named in the Tender calculated from the date of completion of the Works certified by the Designer in accordance with Claus 33 hereof or in the event of more than one certificate having been issued by the Designer under the said Claus from the respective dates so certified and in relation to the period of Maintenance of expression "the Works" shall be construed accordingly. 34.2 To the intent that the works sha ll at or as soon as practicable after the expiration of the Period of Maintenance be delivered up to the Employer in as good and perfect a condition (fair wear and tear excepted) to the satisfaction of the Designer that in which they were at the commenceme nt of the Period of Maintenance. The Contractor shall execute all such work of repair, amendment, reconstruction, rectification and making good of defects imperfections, shrinkage or other faults as may be required of the Contractor in writing by the Desig ner by agreed dates during the period of Maintenance or within fourteen days after its expiration as a result of an inspection made by or on behalf of the Designer prior to its expiration. 34.3 All such work shall be carried out by the Contractor at his own expense if the necessary thereof shall in the opinion of the Designer be due to the use of materials or workmanship not in accordance with the Contract or to neglect failure on the part of the Contractor to comply with any obligation expressed or implied on the Contract's part under the Contract or is necessary or proper or usual to the works or material or workmanship therein. 34.4 If the Contractor shall fail to do any such work as aforesaid required by the Designer the Employer shall be entitled to carry out such work by his own workmen or by other contractors and if such work is work which the Contractor should have carried out at the Contractor's own cost shall be entitled to recover from the Contractor the cost thereof or may deduct the same from any moneys due or that become due to the Contractor. 35.0 CONTRACTOR TO SEARCH 35.1 The contractor shall if required by the Designer in writing search for the cause of any defect imperfection or fault under the direction of the Designer and he shall repair rectify and make good such defects imperfection or fault at his own expense. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 36.0 MAINTENANCE CERTIFICATE 36.1 The Contract shall not be considered as completed until the Designer shall have signed a Maintenance Certificate and delivered to the Employer stating that the works have been completed and maintained to his satisfaction. The Maintenance Certificate shall be given by the Designer twenty eight days after the expiration of the period of Maintenance (or if different periods of Maintenance shall become applicable to different parts of the works the expiration of the latest such period) or as soon thereafter as any works ordered during such period pursuant to Clauses 34 and 35 hereof shall have been completed t o the satisfaction of the Designer and full effect shall be given to this Clause not withstanding any previous entry on the works or the taking possession working or using thereof on any part thereof by the Employers. ALTERATIONS ADDITIONS A ND OMISSIONS 37.0 VARIATIONS 37.1 The Designer with the approval of the Employer shall make any variation of the form, quality or quantity of the works or any part thereof that may in his opinion be necessary and for that purpose or if for any o ther reason it shall in his opinion be desirable the Designer shall have power to order the Contractor to do and the Contractor shall do any of the following at the accepted main tender rates. a. Increase or decrease the quantity of any work included in the Contract. b. Omit any such work or substitute the same by some other work. c. Change the character or quality or kind of any such work. d. Change the levels, lines, position and dimensions of any part of the works and e. Execute additional work of any kind necessary for the completion of the works. And no such variation shall in any way vitiate or invalidate the Contract but the value (if any) of all such variations shall be taken into account in ascertaining the amount of the Contract Price. 37.2 No such variation shall be made by the Contractor without an order in writing of the Designer and the Employer. Provided that no order in writing shall be required for increase or decrease in the quantity of any work wher e such increase or decrease is not the result of an order given under this Clause but is the result of the quantities exceeding or being less than those stated in the Bill of Quantities. Provided that if for any reason the Designer shall consider it desir able to give any such order verbally the Contractor shall comply with such and any confirmation in writing of such verbal order given by the Designer whether before or after the carrying out of the order shall be deemed to be an order in writing within the meaning of this Clause provided further that if the Contractor shall confirm SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS forthwith in writing to the Designer any verbal order given by the Designer and the Designer shall confirm the same in writing , then it shall be deemed to be an order in writing of the Designer. 37.3 To be able to secure the consent of the Employer to variations proposed by the Designer, the Designer shall prepare draft of such variations and submit a copy to the Employer for approval. The Designer shall also furnish a copy to the Contractor for assessment of programme implications. The Contractor shall prepare his assessment without delay and submit the same in writing to the Designer and the Employer. 38.0 VALUATION OF VARIATIONS 38.1 The Designer s hall but not without the prior approval of the Employer determine the amount (if any) which in his opinion should be added to or deducted from the sum named in the Contract in respect of any additional or extra work done or work omitted as a result of the Designer's order. All such work added or omitted shall be valued. a. Where, in the opinion of the Designer, the rates, set out in the Contract are applicable in accordance with the said rates. b. Where, in the opinion of the Designer, the rates set out in the Contract do not apply or are not provided in the Contract, the rates shall be agreed between the Designer and the Contractor. In the event of disagreement the Designer shall fix such rates as shall in his opinion be reasonable an d proper. [Cost of material + Labour + 15% profit] c. It shall be understood that such variations will have to be referred to the Designers and the Employer's approval to such variations shall be obtained in writing prior to execution of t he work. d. It should be clearly understood that the Contractor should make no claims whatsoever towards hardships suffered by him in the performance of the contract. 38.2 Provided also that no increase of the amount of the Contract or rate und er Clause 38.1 shall be made unless within 14 days of making and order under Clause 37 hereof and in the case of extra or additional work before the commencement of the work, notice shall have been given in writing. a. By the Contractor to the D esigner of his intention to claim extra payment or rates or b. By the Designer to the Contractor of his intention to vary a rate as the case may be. 39.0 QUANTITIES SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 39.1 The quantities set out in the Bill of Quantities have bee n measured but they are not to be taken as representing the actual and correct quantities of the works to be executed by the contractor in fulfilment of his obligations under the Contract. [The work is likely to be divided between several contractors] 40.0 MEASUREMENT. 40.1 The Designer shall except as otherwise stated ascertain and determine by measurement the value of work and variations issued by him under Clause 37 thereof. He shall when he requires any part or parts of the works to b e measured, give notice to the Contractor's authorised agent or representative who shall forthwith attend or send a qualified agent to assist the Designer or the Designer's Representative in making such measurement, and shall furnish all particulars requir ed by either of them. Should the contractor not attend, or neglect, or omit to send such agent then the measurement made by the Designer or approved by him shall be taken to be the correct measurement of the work. 40.2 The works shall be measured not notwithstanding any general or local custom except as otherwise specifically described or prescribed in the contract. 41.0 PROVISIONAL SUMS 41.1 Every provisional sum set out in the Bill of Quantities for work or supply of material a nd goods which has not been specified in detail when the contract is entered into shall be deducted from the contract price and in lieu thereof such sum together with charges and profits (if any) which the contractor shall have quoted and accepted by the e mployer may be added to the contract price. a. Where work to which the provisional sum relates has been ordered by the Designer and executed by the contractor the value of the work so executed valued in accordance with clause 38 hereof OR b. Where work to which the provisional sum relates has been ordered by the Designer and executed by a Nominated subcontractor (as hereunder defined) the net sum or sums actually paid by the contractor to such sub - contractor on the direction of the Des igner plus such percentage as has been inserted by the contractor in the tender as an addition for profit and overheads and general attendance. c. Where plant, equipment, materials or goods to be included in the works to which the provisional su m relates have been ordered by the Designer and supplied by a nominated supplier (as there under defined) the net sum or sums actually paid by the Contractor to such supplier on the direction of the Designer plus such percentage as has been inserted by the Contractor in the Tender as and addition for profit and overheads. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 41.2 All sums set out in the specification and the Bill of quantities which shall be stated as provisional or for contingencies shall be used only at the direction and discretion of the Designer and with approval of the Employer and if not used wholly or in part shall, as to the amount not used, be deducted from the contract price. 41.3 The contractor shall when required by the Designer produce all quotations, invoices, vouchers and accounts or receipts in connection with expenditure in respect of provisional items. 41.4 In the event of a Nominated Sub -Contractor or Nominated supplier (as hereunder defined) having undertaken towards the contractor in respect of the work executed or the plant, equipment or goods supplied by such Nominated Sub -Contractor or Nominated supplier any obligation extending for a period exceeding that of the Period of Maintenance under this contract the contractor shall before the issue of t he Maintenance Certificate assign to the Employer at the Employer's request and cost the benefit of such obligation for the unexpired duration thereof. 42.0 NOMINATED SUB-CONTRACTORS AND NOMINATED SUPPLIERS 42.1 All specialist tradesman, merchants and other parties executing any work or supplying any plant equipment, materials or goods for which Provisional Sums are included in the Bill of Quantities and the Specification who may have been or be nominated or selected or approved by the Employer and the Designer and all persons to whom by virtue of the Provisions of the Contract the contractor is required to sub -let any work or the supply of any plant equipment materials or goods shall in the execution of such work or the supply of such Plant equipment or materials be deemed to be sub -contractors or suppliers employed by the contractor and are hereinafter referred to as 'Nominated Sub -contractors' or 'Nominated suppliers' as shall be appropriate. Provided always that the contractor sha ll not be required by the Employer or the Designer nor be deemed to be under any obligations to employ and nominated sub - contractor or nominated supplier who shall decline to enter into a sub - contract which the contractor containing provisions: a. That in respect of the work or goods the subj ect of the sub -contract the Nominated Sub -contractor or nominated supplier will undertake towards the contractor the like obligations and liabilities as are imposed upon the contractor towards the employer by the terms of the contract and will save harmless and indemnify the contractor from and against the same and from all claims demands proceeding damages costs charges and expenses whatsoever arising out of or in connection therewith or arising out of or in connection with any failure to perform such obligation or to fulfil such liabilities and b. That the nominated sub -contractor will save harmless and indemnify the contractor from and against any negligence by the Nominated Sub - Contractor his agent s, workmen and servants and from and against any SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS misuse by him or them of any Constructional plant or Temporary works provided by the contractor for the purpose of the contract and from all claims as aforesaid. 43.0 PAYMENTS TO NOMINATED SUB -CONTRACTORS AND NOMINATED SUPPLIERS. 43.1 Before issuing under clause 44 hereof any certificate which includes any payment in respect of work done or goods supplied by any Nominated Sub - contractor or Nominated Supplier the Designer shall be entitled to demand from the Contractor reasonable proof that all payments (less retention) included in previous certificates in respect of the work or goods of such Nominated subcontractor or Nominated supplier have been paid or discharged buy the contractor in de fault whereof unless the contractor shall a. Inform the Designer in writing that he has reasonable cause for withholding or refusing to make such payment and b. Produce to the Designer reasonable proof that he has so informed su ch nominated sub-contractor or nominated supplier in writing. The Employer shall be entitled to pay to such nominated subcontractor or nominated supplier direct upon the certificate of the Designer all payments (less retention) which the Contractor has fai led to make to such Nominated Sub - Contractor or Nominated Supplier and to deduct by way of set -off the amount so paid by the Employer from any sums due or which become due from the Employer to the Contractor. 43.2 Provided always that where the De signer has certified and the Employer has paid direct as aforesaid the Designer shall in issuing any further certificate in favour of the Contractor deduct from the amount thereof the amount so paid direct as aforesaid but shall not withhold or delay the issue of to certificate itself when due to be issued under the terms of the Contract. CERTIFICATE AND PAYMENTS 44.0 METHOD OF PAYMENT TO CONTRACTOR 44.1 The contractor shall submit to the designer at the end of each 15 Days or after substantial work on site three copies, each signed by the contractor, of a statement in such a form as the designer may from time to time prescribe showing amounts to which the contractor may consider himself to be entitled up to the end of the previous mont h in respect of: - a. The permanent work executed in accordance with the contract. b. 75 percent of the value of materials for payment reasonably properly and not prematurely brought upon the site by the contractor and properly stored. [Only the non -perishable material will be considered for the payment against material on site.] SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS c. Variations issued by the Designer in accordance with clause 38 hereof. d. Any additional expenses in accordance with clause 37.2 hereof. 44.2 The Designer shall check the statement submitted by the Contractor in accordance with the provisions of this Clause and within a reasonable period from the receipt thereof shall issue a certificate to the Employer and to the Contractor stati ng the amount which he considers rightfully due to the Contractor in respect of the aforesaid statement subj ect to a retention of the percentage named in the Contract until the total amount retained shall reach the `Limit of Retention Money named in the Co ntract (hereinafter called `the retention money') and subj ect to a deduction for repayment of the initial advance if any. 44.3 Payment upon each of the Designer's certificate shall be made by the Employer within a reasonable time after such certif icate has been delivered to the Employer. 44.4 All payments made under sub -clause 44.3 of this Clause shall be regarded as payments on account and shall not preclude the Designer from making any correction or modification in any previous certifica te which shall have been issued by him or from withholding any certificate if the works or any part thereof are not being carried out to his satisfaction. 44.5 Five signed copies of the final statement of accounts for the works prepared in the for m specified for interim statement under sub -clause 44.1 hereof shall be submitted by the Contractor to the Designer within a period not exceeding two months from the date of issue of a Certificate of completion in respect of whole of the works. The aforesa id final statement shall be checked by the Designer in consultation with the Employer and if agreed upon shall be signed by the Employer, the Designer and the Contractor and subj ect to agreement thereon or prior reference to arbitration in accordance with Clause 49 hereof shall be signed by the Designer and the Contractor as representing the final statement of moneys due to the Contractor under the Contract. The signing of the final statement of accounts by the aforesaid parties and the issue of the Final Payment Certificate, no Certificate other than the Final payment Certificate shall be deemed to constitute acceptance or the accuracy of any claim or demand made by the Contractor or of additional or varied work having been ordered by the Designer. 44.6 The Employer shall be entitled to deduct from any moneys due to the Contractor under this Clause the value of materials designed in the contract to be procured by the Employer and supplied to the Contractor at fixed prices. 44.7 The currency for all payments under this Contract shall be the Indian Rupee. REMEDIES AND POWERS SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 45.0 FORFEITURE 45.1 If the Contractor shall become insolvent or have an order admitting a petition in insolvency made against him or shall pr esent his petition in insolvency or shall make an arrangement with or assignment in favour of his creditors or shall agree to carry out this Contract under inspection of a committee of his creditors or (being a corporation) shall go into liquidation or win ding up or if the contractor shall assign the contract without first obtaining the consent in writing of the employer or shall have an execution or attachment levied on his goods or property or if prohibition order is served on the contractor in respect of them then the employer may forthwith enter upon the site and expel the contractor therefrom. 45.2 If the Designer shall certify in writing to the Employer that in his opinion the contractor. a. Has abandoned the contract OR b. Without reasonable excuse has failed to commence work or has suspended the progress of the works for Eight days after receiving from the designer written notice to proceed or not withstanding the provision of clause 49 or other provisions of contract is delaying the progress of the works to an extent that the designer considers that the works will not be completed within the period stated in the contract or any extended period previously agreed OR c. Had failed to remove materials from the si te or to pull d own and replace work for Eight days after receiving from the Designer written notice that the said materials or work had been condemned and rej ected by the designer under these conditions OR d. Is not executing the works in accord ance with the contract or is persistently or flagrantly neglecting to carry out his obligations under the contract OR e. Has to the detriment of good workmanship or in defiance of the designer's instructions to the contrary sub -let any part of t he contract. Then the Employer may, after giving 1 4 days notice in writing to the contractor enter upon the site and expel the contractor therefrom. Note: The Employer also reserves the right to cancel the contract, if in the Designers opinion the contractor does not meet the contract conditions and even after warning in writing the Designer and Employer do not see any improvement in the performance of the Contractor. 45.3 The expulsion of the contractor from the site under the provisi on of sub- clause 45.1 and 45.2 of this clause shall not thereby avoid the contract nor release the contractor from any of his obligations or liabilities under the SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS contract or affect the rights and powers conferred on the employer or the designer by the con tract and the Employer may himself complete the works or may employ any other contractor to complete the works and the Employer or such other contractor may use for such completion so much of the constructional plant, temporary works and materials which ha ve been deemed to have become the property of the Employer. The Employer may at any time, as he may think proper, proceed with sale of unused materials and appropriate the amount towards the satisfaction of any sums due or which may become due to him from the contractor under contract. 45.4 The Designer in consultation with the Employer shall as soon as may be practicable after any such entry and expulsion by the Employer fix and determine ex-party or by or after reference to the parties or after s uch investigation or enquiries as he may think fit to make or institute and shall certify what amount (if any) at the time of such entry and expulsion had been reasonably earned by or would reasonably accrue to the contractor in respect of work then actual ly done by him under the contract and what was the value of any of the said unused or partially used materials, any constructional plant and any temporary works. 45.5 If the Employer shall enter and expel the contractor under this clause he shall not be liable to pay to the contractor until the expiration of the period of maintenance and thereafter until the costs of completion and maintenance damages for delay in completion (if any) and all other expenses incurred by the Employer have been ascerta ined and the amount thereof certified by the Designer. The contractor shall then be entitled to receive only such sum or sums (if any) as the designer may certify would have been due to him upon due completion by him after deducting the same amount and aft er allowing for the proceeds of sale, if any, under sub - clause 45.3 hereof. But if such amount shall exceed the sum which would have been payable to the contractor on due completion by him then the contractor shall upon demand pay to the employer the amoun t of such excess and it shall be deemed a debt by the contractor to the employer and shall be recoverable accordingly. Nothing herein shall prej udice the right of the Employer to have recourse to and to make recoveries under the performance guarantee provi ded by the contractor under the terms of clause 10 hereof and thereafter in the event of there still being an excess the contractor shall upon demand pay the Employer the amount of such excess and it shall be deemed a debt due by the contractor to the Employer from the date of forfeiture and shall be recoverable accordingly. 46.0 FAILURE TO COMPLY WITH INSTRUCTION 46.1 If the contractor shall fail duly to observe or perform any instruction, requirement, direction or order by the Designe r or the Designer's Representative made or given in accordance with the contract or shall otherwise fail to fulfil any obligation imposed upon him by the contract the Employer may without prej udice to any other rights or remedies which he may have under th e contract himself or by his servants or agents or other remedy such default and all expenses consequent thereon or SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS incidental thereto be born by the contractor and shall be recoverable from him or may be deducted by the Employer from any moneys due to him . 47.0 URGENT REPAIRS 47.1 If by reason of any accident or failure or other event occurring to or in connection with the works or any part thereof either during the executing of the works or during the Period of Maintenance any remedial o r other work or repair shall, in the opinion of the Designer or the Designer's Representative, be urgently necessary for security and the Contractor is unable or unwilling at once to do such work or repair, the Employer may through his own or other workman do such work or repair as the Designer or Designer's Representative may consider necessary. If the work or repair so done is work or repair which in the opinion of the Designer the Contractor was liable to do at his own expense under the contract all cos ts and charges properly incurred by the Employing so doing shall on demand be paid by the contractor to the Employer or may be deducted by the Employer from any moneys due to or which may become due to the contractor, Provided always that the Designer or t he Designer's Representative (as the case may be) shall as soon after the incident of any such emergency as may be reasonably practicable notify the Contractor thereof in writing. 48.0 SPECIAL RISKS 48.1 The Contractor shall be under n o liability whatsoever for delay to completion of the work which is the consequence whether direct or indirect of war, hostilities (whether war be declared or not ), invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war or (hereinafter comprehensively referred to as `the said special risks') or a cause solely due to design of works. 48.2 If during the currency of the Contract there shall occur any of the said special risks the Contractor shall unless and until the Contract is terminated under the provisions of this sub clause hereinafter contained use his best endeavours to complete the execution of the works provided always that the Employer shall be entitled at any time after the occurrence of any of the said special risks to suspend the progress of the works in accordance with the provisions of Clause 31 hereof or by giving notice in writing to the Contractor to terminate this Contract and upon such notice this Contract shall (save as to clau se 49 hereof) terminate but without prej udice to the rights of either party in respect of any antecedent breach thereof. 48.3 If the contract shall be terminated as aforesaid or if the Contractor pursuant to a suspension of the whole of the Works for a period in excess of six months shall have elected in accordance with the provisions of Clause 31 hereof to treat the Contract as abandoned by the Employer (in so far as such amounts or items shall not already have been covered by on accounts payments made or any sum previously paid to the Contractor) for the following: SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS a. The Contract value of all work properly executed upon the date of termination. b. The cost of materials or goods reasonably ordered for the works or temporary wor ks which shall have been delivered to the contractor or of which the contractor is legally liable to accept delivery (such materials or goods becoming the property of the Employer upon such payment being made by him). c. Any increased cost of o r incidental to the execution of the works which is necessarily and directly attributable to or consequent upon the said special risks but subj ect to the Contractor having informed the designer in writing of such increase as soon as it came to his knowledg e. Provided always that against any payments due from the employer under this sub -clause the employer shall be entitled to be credited with any outstanding balance due from the contractor for advance payments previously paid by the employer to the contract or. 48.4 The amount due to the contractor under sub -clause 48.3 of this clause shall be set out in a statement, five copies thereof, prepared by the contractor and certified by the designer. The aforesaid statement shall include full details as to how the contract has been affected by the said special risk. 48.5 In addition to the payments due to the contractor under sub -clause 48.3 of this clause the employer shall also release any bonds guarantees or deposited at his disposal unless the total am ount of the payments previously made to the contractor exceeds the final amount due to him in which case the contractor shall pay the excess to the employer against release of the aforesaid bonds, guarantees or deposits. SETTLEMENT OF DISPUTES 49.0 ARBITRATION 49.1 LAWS GOVERNING THE CONTRACT If any disputes or difference of any kind whatsoever shall arise between the Employer or the Designer and the Contractor in connection with or arising out of the contract or carr ying out of the works (whether during the progress of the works or after completion and whether before or after the termination, abandonment or breach of the contract) it shall in the first place be referred to and settled by the Designer who within a peri od of 90 days after having been requested by either party to do so shall give written notice of his decision to the Employer in respect of every matter so referred and shall be final and binding upon the employer and the contractor until the completion of the work and shall forthwith be given effect to by the contractor who shall proceed with the works with all due SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS diligence whether he or the employer requires arbitration as hereinafter provided or not. If the Designer has given written notice to his decis ion to the employer and the contractor and no claim to arbitration has been communicated to him by either the employer or the contractor within the period of 90 days from receipt of such notice the said decision shall remain final and binding upon the empl oyer and the contractor. 49.2 Reference to arbitration in accordance with provision of sub -clause 49.1 hereof shall be condition precedent to action at law. 49.3 The contract shall be governed by laws of India. Subj ect as aforesaid only Courts of competent j urisdiction in Pune will have j urisdiction in actions at law. 50.0 SERVICE OF NOTICE 50.1 The contractor shall notify in writing to the Employer and the Designer his address in Pune/Mumbai for the purpose of service of any n otice to him under the terms of the Contract and any such notice to the Contractor shall be deemed to be duly served if sent by registered post to or left at such address or if delivered to the agent or representative of the Contractor for the time being a uthorised and approved under the Contract or if left at the Contractor's registered office or at his last known address. 50.2 Any notice to be given to the Employer, the Employer's Representative or Designer under the terms of the Contract shall b e deemed to be duly served if sent by registered post to or left at the Employer's principal place of business or his last known address. 51.0 VARIATIONS IN PRICE 51.1 The Contract shall be on a fixed rate basis and the Contractor shall allow for the risk of any rise or fall in the cost of labour, materials and plant. No adj ustment in the Contract price or to individual rates or sums inserted by the Contractor in the Contract shall be made by reason of any change in the conditions of emp loyment of labour and staff, any change in the cost of materials for the permanent or the Temporary works or on consumable stores, fuel, power and water, any variation in the rates of freight or other transport or incidental costs handling charges or other wise howsoever. 51.2 The payment to be made by the Employer to the Contractor for the works will not be affected by any variation in the prices of materials which are used in the works and the Contractor will not be entitled to claim any increase in the rates of payment because of any increase in the prices . SPECIAL CONDITIONS OF CONTRACT 52.0 DEFINITIONS AND PROCEDURES: SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 52.1 The headings or notes in these Special Conditions shall not be deemed to be part thereof or taken into consideration in the interpretation or construction thereof or of the Contract. 52.2 In the event of any discrepancy or difference between the General Conditions and these Special Conditions the latter shall prevail. 53.0 THE SITE OF THE WO RK 53.1 The site of the work is UCO BANK - MIRA ROAD – NEW PREMISES. 53.2 The Contractor is advised to visit the Site with the prior permission of the Employer in order to acquaint himself with the access to site and other connected information. [Mr. Jain. (GAD) / Mr. Narkar (GAD) Regional office, Mumbai] 54.0 EXISTING WORKS, DRAINS AND SERVICES 54.1 Prior to the commencement of work at site the Contractor shall search and ascertain the location of all existing underg round services and drains that are adj acent to or across the area of the site. In case of damage to these services by Contractor or his sub -contractor and employees, or any of them, the entire claim made by the concerned authorities in this connection shal l be paid by the Contractor and Contractor shall keep the Employer fully indemnified in this connection. 54.2 The Contractor shall take all necessary precautions to avoid damage to any existing underground drains and services which may be encounte red in carrying out the works and most adequately protect, support and maintain such drains and services as required by the Designer's Representative. 54.3 The Contractor will be held entirely responsible for any damage to existing works, drains o r services which may occur during the execution of the Contract regardless whether the aforesaid damage was occasioned by the Contractor's negligence or otherwise. 55.0 CO-OPERATION AND ATTENDANCE 55.1 The Contractor shall give proper fa cilities to all sub -contractors and Nominated Sub -Contractors to enable their work to be carried out in a workmanlike manner and in correct order and sequence. The Contractor shall permit reasonable free use by above of hoists, scaffolding, ladders and the like. 55.2 The Contractors shall provide sub -contractors and Nominated Sub - Contractors with adequate free space for the sitting of offices and workshops and the storage of Constructional Plant and materials. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 55.3 The Contractor shall co -ordinate and integrates the work of sub - contractors and Nominated Sub -Contractors within the approved programmed for other works. 55.4 The Contractor shall give due notice to sub -contractors, Nominated Sub - Contractors and Nominated Suppliers as to when they will be required to commence work on site or deliver materials, equipment or plant to the site. 55.5 The Contractor shall agree with sub -contractors, Nominated Sub - Contractors and Nominated suppliers proper and accurate marking dimensions and o ther particulars regarding setting out and shall obtain full information as to their requirements in respect of builder's works. To this end he shall arrange any meeting between himself and the various sub - contractors, Nominated Sub -Contractors and Nominat ed suppliers at which the Designer's Representative shall be present in order that these matters may be fully discussed and understood by all concerned. 56.0 FIRST AID 56.1 The Contractor shall make his own arrangements for the treatment of minor inj uries on the Site and shall provide and adequate number of first aid kits so as to ensure that such inj uries are dealt with without delay. More serious inj uries or sudden illness shall be reported to the Designer's Representative and the Contractor s hall take such steps as are necessary to arrange for the prompt transfer of inj ured or sick personnel to the nearest hospital. 57.0 WATER FOR THE WORKS 57.1 At one point a water connection will be made available to the contractor for constructi on purpose and water will be supplied free of c ost. 58.0 ELECTRICITY FOR THE WORKS 58.1 The power for the plant and equipment of the Contractors shall be supplied by the employer at one place and will be supplied free of cost. 59.0 FIRE PRECAUTIONS 59.1 All work performed by the Contractor and his sub -contractors likely to give rise to fire hazards such as the use of naked flames in enclosed areas shall be carried out in such a way as to ensure the safely and protecti on of the works. 59.2 Where it is necessary to use any naked flames or welding equipment and where combustible materials are being used adequate protection shall be provided to all other adj acent materials and personnel. Suitable fire extinguishers shall be readily available at the positions where such work is proceeding. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 60.0 SHOP AND BUILDER’S WORK DRAWINGS 60.1 The Contractor shall prepare all shop drawings to the requirements of the Contract and shall submit it in the presc ribed form to the Designer for approval. A period of four weeks shall be allowed to the Designer for the checking of such drawings. Should the Contractor's proposals not prove acceptable to the Designer further submissions may be required and the Employer accepts no responsibility for any delay to the works which may be occasioned by the requirement to secure the Designer's prior approval of the aforesaid drawings before the commencement of construction on site. 60.2 Within a period of not exceed ing 15 days from the date of acceptance of his Tender, the Contractor shall prepare a programme of proposed completion dates for builder's work and shop drawings. Such programme shall take into consideration the requirement of the preceding sub -clause in respect of time for approval by the Designer and shall provide for all such drawings to be completed within the first four weeks of the Contract. 60.3 All builder's work and shop drawings prepared by the Contractor shall be based on the Designer's drawings, specifications and instructions shall take into account all drawings applicable to other trades and all modifications which may have taken place to the buildings and installations and shall be correctly related where appropriate to any specified plant and equipment. 60.4 The Contractor shall be responsible for any error, discrepancy or omission in any drawing prepared by him or on his behalf whether or not the Designer has approved such drawing. 61.0 ALTERNATIVE METHODS 61.1 If so desired, offers for alternative methods for carrying out the contract may be submitted by the tenderers in addition to those described in these tender documents. Alternative offers must include the salient features of the method proposed togethe r with a detailed breakdown of any omission or additions to the basic tender sum. 62.0 LIQUIDATED DAMAGES 62.1 The Contractor hereby agrees to carry out the work of construction with due care and in workman like manner and shall with due diligence and proper dispatch adhere to the time schedule and shall complete the construction work within the time stipulated subj ect to the clause of special risks. In the event of the Contractor failing to complete the work within the time stipulated hereinabove the contractor shall be liable to pay to the Employer damages at the rate mentioned in the memorandum of item rate SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS tender and the Employer shall be entitled to deduct such amount payable by the Employer to the Contractor. The aforesaid power of the Employe r shall be in addition to any other power vested in the Employer and not in substitution thereof. APPENDIX A FORM OF AGREEMENT SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS THIS AGREEMENT made this ...................... .... Day of .................... 2010 between UCO BANK . (hereinafter called 'the Employer') of the one part and................................................. (Hereinafter called 'the Contractor' which term shall include his personal representative, s uccessors and permitted assigns) of the other part. WHEREAS the Employer has decided that the total interior work of proposed Branch Office for U CO Bank, MIRA ROAD (hereinafter referred to as 'the Works') shall be executed / carried out and has accepted the Tender by the Contractor for the execution, completion and maintenance of the works and WHEREAS the Contractor has deposited with the Employer the sum of Rupees …………................................................... ............................ As an earnest money for the due fulfilment of this contract. Now therefore this Agreement witnesseth and the parties there to hereby agree as follow: 1. In this Agreement and expressions sh all have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement, namely a. The said Tender b. The drawings c. The Conditions of Contract (General & Special) with attached Appendices. d. The Bills of Quantities (only in respect of the descriptions of work and rates contained therein ) e. Addenda to the Tender documents, if any. True copies of the above documents duly attested by the Executive of this Agreement are attached herewith for the purpose of identification. 3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenant with the Employer to construct complete and maintain the works in conformity in all respects with the provisions of the contract. 4. The Employer h ereby covenant to pay Contractor in consideration of the construction, completion and maintenance of the Works in Contract Price at the times and in the manner prescribed by the Contract. SKETCHES – The Design Workshop ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS 5. In the event of any item of work not included in the s chedule, the owner agrees to pay to the contractor the actual cost of the item (cost of materials, labour and hire charge for plant and equipment) plus a percentage which shall include the contractor's overheads and profit @ 15% unless otherwise stated her e in under. [The contractor shall indicate here under the percentage of the overhead and profit expected by him as mentioned above] ……. % IN WITNESS whereof the parties hereto have cut their signature on the day and year first above wr itten. Signed for and on behalf of Signed for and on behalf of The Contractor. The Employer. Witness______________________ Witness___________ __________ Witness______________________ Witness_____________________